Local Law # 7 of 2023

RESOLUTION #132

(Regular Full Meeting 06/06/2023)

RESOLUTION #132

A LOCAL LAW TO AMEND ARTICLE 9 OF THE PUTNAM COUNTY CHARTER ENTITLED “DEPARTMENT OF HIGHWAYS AND FACILITIES”

Be it enacted by the Legislature of the County of Putnam as follows:

Section 1.

Article 9 of the Putnam County Charter is hereby renamed as follows:

Article 9 Department of Public Works

Section 2.

Section 9.01 of the Putnam County Charter is hereby amended to read as follows:

• 9.01 Department of Public Works: Commissioner.

There shall be a Department of Public Works headed by a Commissioner of Public Works appointed by the County Executive, subject to confirmation by the County Legislature. The Commissioner of Public Works shall be qualified by training and experience for his or her position. The provisions of any law, rule or regulation which require that a public officer be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of the Commissioner of Public Works of the County of Putnam, so long as such person resides within fifty linear miles from the Office of the Commissioner of Public Works at the Putnam County Department of Public Works, when appointed and continuously throughout his or her appointment. He or she shall serve at the pleasure of the County Executive. Within appropriations therefor, he or she shall appoint a staff to implement the duties of this office as detailed in § 9.02 of this Charter.

Section 3.

Section 9.02 of the Putnam County Charter is hereby amended to read as follows:

• 9.02 Powers and duties.

Except as otherwise provided in this Charter, the Commissioner of Public Works shall:

(a) Have all the powers and duties of a County Engineer and County Superintendent of Highways pursuant to the Highway Law, Town Law or other applicable laws;

(b) Have charge and supervision of the design, construction, improvement, maintenance, repair, cleaning and lighting of all highways, roads, streets, bridges and grade separation structures under jurisdiction of the County;

(c) Have charge and supervision of the design, construction and alteration of County buildings, parking areas, drives, walks, docks, parks and such other structures and facilities in the nature of public works under the jurisdiction of the County;

(d) Have charge and supervision of the maintenance and repair of all County buildings to include custodial care of such buildings;

(e) Have charge and supervision of the maintenance and operations of County parks and preserves;

(f) Administer all programs and projects conducted by the Soil and Water Conservation District.

Section 4.

Section 9.03 of the Putnam County Charter is hereby amended to read as follows:

• 9.03 Deputy Commissioners of Public Works.

The Commissioner of Public Works shall appoint a Deputy Commissioner of Public Works who shall act generally for and in the place of the Commissioner of Public Works in the event of his or her absence from the County or inability to perform and exercise the powers and duties of office. The provisions of any law, rule or regulation which require that a public officer be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of the Deputy Commissioner of Public Works of the County of Putnam, so long as such person resides within fifty linear miles from the Office of the Commissioner of Public Works at the Putnam County Department of Public Works, when appointed and continuously throughout his or her appointment.

The Deputy Commissioner of Public Works shall have the powers and shall perform all duties of the Commissioner of Public Works only in the event that the Commissioner of Public Works is absent or unable to perform and exercise the powers and duties of such office.

The Commissioner of Public Works may also appoint additional deputies who shall have the powers and who shall perform all the duties of the Commissioner of Public Works only in the event that both the Commissioner and Deputy Commissioner of Public Works are absent or unable to perform and exercise the powers and duties of such office. Such additional deputies shall be designated in writing and in order of succession by the Commissioner of Public Works and shall be filed with the County Executive and with the Clerk of the County Legislature. Such designations may be revoked at any time by the Commissioner of Public Works by filing a new written designation and order of succession.

Section 5.

This Local Law shall take effect forty-five (45) days after its passage and is subject to permissive referendum.